Editor End User License Agreement
There are two End User License Agreements set out in sequence below. The first applies to residents of territories other than the United States of America and Canada only (the "Global EULA"). The second applies to residents of the United States of America and Canada only (the "US EULA").
By clicking "Accept" you agree to either (i) or the Global EULA if you are a resident of any territory other than the United States of America or Canada; (ii) the US EULA if you are a resident of the United States of America or Canada.
Editor End User License Agreement (Global EULA)
This document is available for download here:
https://legal.wbgames.com/editor/index.html
Last updated: January 2025
Please read this Agreement carefully.
This End User License Agreement ("Agreement") is a legal document that is entered into between WB Games, Kirkland, Washington U.S.A. 98033, e-mail: support@wbgames.com (the "Company" or "WB Games") and the individual agreeing to this Agreement ("User", "you", or "your"). This Agreement governs your access to and use of the Content and Editor (as such terms are defined below, and collectively, the "Licensed Material"), as made available to you by WB Games through the Marketplace (as such terms are defined below), to create Mods (as such term is defined below). This Agreement is subject to the WB Games End User License Agreement (available at https://legal.wbgames.com/eula/), and WB Games Terms of Service (available at https://legal.wbgames.com/terms-of-service/), and WB Guidelines (available at https://portkeygamessupport.wbgames.com/hc/articles/37100090828819) (collectively, WB Terms), which are incorporated by reference. Capitalized terms used and not otherwise defined in this Agreement have the meanings set forth in Section 16 below.
BY CLICKING THE "ACCEPT" BUTTON, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS IN EXISTENCE ON THE FIRST DATE OF YOUR FIRST USE OF THE LICENSED MATERIAL (THE "EFFECTIVE DATE").
WITHOUT LIMITING ANY OTHER PROVISION IN THIS AGREEMENT, YOU HEREBY AGREE THAT:
(A) THIS AGREEMENT, WHICH IS BETWEEN YOU AND THE COMPANY, IS A BINDING AGREEMENT THAT GOVERNS YOUR ACCESS TO, AND USE OF, THE LICENSED MATERIAL;
(B) YOU ARE AT LEAST 16 YEARS OF AGE, AND UNDERSTAND THAT CERTAIN FEATURES OF THE LICENSED MATERIALS AND MODS MAY ONLY BE AVAILABLE TO ELIGIBLE USERS BASED ON DEVICE TYPE.
(C) IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY (A MINOR), BEFORE ACCESSING THE LICENSED MATERIALS, YOUR PARENT(S) OR LEGAL GUARDIAN(S) MUST READ AND CONSENT TO THIS AGREEMENT ON YOUR BEHALF. UPON CLICKING OF THE "ACCEPT" BUTTON, A MINOR'S PARENT OR GUARDIAN BECOMES SUBJECT TO THIS AGREEMENT AND AGREES TO BE RESPONSIBLE FOR ALL OF THE MINOR'S ACTIVITIES IN CONNECTION WITH THE LICENSED MATERIAL. IF YOU ARE UNDER THE LEGAL AGE AND DO NOT HAVE PARENTAL OR GUARDIAN CONSENT, YOU MUST NOT CLICK THE "ACCEPT" BUTTON OR ACCEPT THIS AGREEMENT AND MUST NOT ACCESS THE LICENSED MATERIALS.
(D) EACH USER'S USE AND/OR ACCESS TO THE LICENSED MATERIAL IS EXPRESSLY CONDITIONED ON SUCH USER'S STRICT COMPLIANCE WITH ALL OF THE TERMS AND CONDITIONS OF (i) THIS AGREEMENT; AND (ii) ANY OTHER TERMS AND CONDITIONS LINKED TO IN THIS AGREEMENT.
(E) THIS AGREEMENT CAN BE AMENDED AT ANY TIME BY THE COMPANY AS SET FORTH IN SECTION 14 HEREIN.
NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THIS AGREEMENT WILL BE ACCEPTED BY WB GAMES. THUS, IF YOU DO NOT OR CANNOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS, DOWNLOAD OR OTHERWISE USE THE LICENSED MATERIAL.
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE COMPANY. YOU SHOULD DOWNLOAD AND PRINT THIS AGREEMENT FOR YOUR RECORDS.
ADDITIONAL NOTICE TO USERS REGARDING YOUR USE OF THE EDITOR:
In addition to your compliance with this Agreement, your use of the Editor (as defined below) is also subject to your compliance with Epic Games, Inc.'s Unreal® Engine End User License Agreement ("UE EULA"), which may be found at www.unrealengine.com/eula and which is incorporated by reference, as supplemented by the additional terms and conditions in this Agreement (including without limitation Sections 5 and 6 of this Agreement). By downloading or continuing to use the Editor, you agree to be bound by all of the terms and conditions of the UE EULA. In the event the UE EULA conflicts with the terms in this Agreement, this Agreement shall control with respect to your use of the Editor in connection with the Software and Content.
ADDITIONAL NOTICE TO USERS REGARDING YOUR USE OF THE MARKETPLACE:
Your use of the Marketplace (as defined below) is subject to your compliance with Epic Games, Inc.'s Terms of Service ("Epic Games Terms"). In the event the Epic Games Terms conflict with the terms in this Agreement, the Epic Games Terms shall control solely with respect to your use of Marketplace. Marketplace is a Third-Party Service (defined below).
1. License Grant
1.1 During the term of the Agreement, subject to the terms and conditions of this Agreement, and your compliance with this Agreement, WB Games grants you a personal, non-exclusive, non-transferable, non-sublicensable, non-assignable, limited and revocable right and license to install and use one copy of the Licensed Materials on a device (that either you own or have a license to use) solely for your personal entertainment use in association only with the Software and solely for the purpose of allowing you to create new Mods (as defined below) for use solely with the Software (the "License").
1.2 Without limiting the foregoing in any way, and for clarity, the above License is subject to the following additional terms and conditions:
(a) The License only permits you to use the Licensed Material to create new Mods solely and exclusively for use with the Company's Software, but for no other software, games, products, services or uses;
(b) The rights that WB Games grants you under the License are subject to the terms of this Agreement, and you may only make use of the License if you comply with all applicable terms of this Agreement;
(c) In all events, your use (and the above License) is limited for and to your personal and non-commercial use only; and
(d) The License becomes effective on the Effective Date of this Agreement (as noted above). The License does not grant you any title or ownership in the Software, Company IP Assets (defined below), or Licensed Materials, or Marketplace.
2. Additional License Conditions
2.1 Without limiting the foregoing in any way, and for clarity, the above License does not permit you to do any of the following with respect to the Software, or Licensed Materials or any of their parts, and accordingly you will not do and will not permit any third party to do such things:
(a) using them with or in connection to any games, projects, products, or services other than the Software, or to create or develop any separate or standalone games, projects, products, or services;
(b) use them commercially;
(c) reproduce, distribute, display, or use them in a way that is not expressly authorized in this Agreement;
(d) sell, rent, lease, license, distribute, or otherwise transfer them;
(e) reverse engineer, derive Source Code from, modify, adapt, translate, decompile, or disassemble it or make derivative works based on them, unless you have a legal right to do so, in particular when this is necessary for the use of the Software or of the Licensed Materials in accordance with their intended purpose (including for error corrections);
(f) remove, disable, circumvent, or modify any proprietary notice or label or security technology included in them;
(g) create, develop, distribute, or use any unauthorized software programs, cheats, hacks, scripts, virus, bots, unauthorized mods, or other unauthorized third-party software programs designed to alter, control or otherwise interact with the Software or Licensed Materials in any way and for any purpose not expressly authorized in this Agreement, including to collect information, interfere with the operation of the Software or Licensed Materials, exploit any bugs, or to gain advantage in any online or other game modes;
(h) enable or encourage any collection, selling, or trading of anything from the Software or Licensed Materials, including any virtual currency or items, and you will not create or participate in any exploitation of price differences of virtual currency or items by any means;
(i) use them to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights; or
(j) use, export, or re-export them in violation of any applicable law or regulation.
2.2 In no event may your Mods be illegal, fraudulent, deceptive, offensive, hateful, obscene, threatening, defamatory, invasive of privacy, or infringing of intellectual property rights, or contain software viruses or other malware.
2.3 Furthermore, with regard to your Mods, you may not actively redistribute, resell, license or otherwise sell such content.
3. Updates, Patches and Access Restrictions
WB Games will provide patches, updates, or upgrades to the Licensed Materials that must be installed in order for the Licensed Materials to remain in conformity.
WB Games may update or upgrade the Licensed Materials remotely, modify, add new features, suspend, discontinue, or limit your access to any aspect of the Licensed Material at any time for a valid reason and subject to a prior notice. Valid reasons include (i) technical reasons to make improvements of the Licensed Materials, (ii) to update or adapt the Licensed Materials to new technologies, a new technical environment or new devices or to an increased or decreased number of users, (iii) to alter the structure, layout or design of the Licensed Materials (rebranding, improvement of the user experience, changes of names or graphisms), (iv) to implement applicable law, including changes in the law, regulatory requirements or when legally required to do so, (v) for security or safety reasons, or (vi) intellectual property, related rights or publicity rights infringements or alleged intellectual property, related rights or publicity rights infringements, (vii) changes in licenses WB Games holds from third parties (including from talents whose name, voice, likeness, image, works or performances are included in the Licensed Materials) or other third-party compliance requirements, (viii) complaints to WB Games from talents connected to the Licensed Material including without limitation complaints due to unauthorized use of name, voice, likeness or image, works or performance (ix) termination of agreements we have with third-parties for whatever reason, (x) discontinuance of the supply, by a third-party, of a service or feature which is part or interconnected with the Licensed Materials, (xi) significant changes of specific and verifiable open market costs, or (xii) to respond to a security incident or to deal with threats or situations of vulnerability.
You will have the ability to terminate the Agreement, free of charge within 30 days of the receipt of the information or of the time when the Licensed Materials have been modified, whichever is later, if such update, upgrade or modification has a detrimental impact on your access of or use of the Licensed Materials, except if the update, upgrade or modification only has a minor impact. Notwithstanding the above, you will not be entitled to cancel the Agreement if you can still benefit from the Licensed Materials without changes, including by uninstalling the update, upgrade or modification, and provided the Licensed Materials are still considered in conformity.
You acknowledge that your use of the Software, Content or any other Licensed Materials does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Software, Content or any other Licensed Materials, including but not limited to any in-game rewards, achievements, or character levels. Without prejudice to its obligations to maintain the Licensed Materials in conformity, WB Games does not commit on any other minimum level of service quality.
4. Third-Party Services
WB Games may also provide access (paid or unpaid) to content, software, products, or services offered by companies or entities other than WB Games ("Third-Party Services"). When you use the Software and/or Licensed Materials to access Third-Party Services, the applicable provisions of this Agreement and any applicable usage terms associated with the Third-Party Services will govern your use of that Third-Party Service. WB Games does not endorse Third-Party Services promoted or marketed on or through the Software or Licensed Material. Aspects of the Software and Licensed Materials also help you find, make requests to, or interact with Third-Party Services or allow you to share your information and Mods, and you understand that by using the Software and/or Licensed Materials you are directing them to make Third-Party Services available to you. Any third-party terms do not modify any terms in this Agreement. You are responsible for your dealings with third parties. WB Games does not license any intellectual property to you as part of any Third-Party Services and is not responsible or liable to you or others for information or services provided by any Third-Party Services, unless there is a breach by WB Games of this Agreement and/or our legal obligations.
This software contains a redistributed version of Houdini Engine, which is the proprietary intellectual property of Side Effects Software Inc. Installation and use of Houdini Engine, whether directly or indirectly, is governed by the Side Effects Software License Agreement at https://www.sidefx.com/legal/license-agreement/ and by agreeing to the present Editor End User License Agreement you also agree to comply with the terms of that agreement.
5. Third-Party Mod Platform
5.1 The Software and Licensed Materials may provide access to upload your Mods and/or obtain other users' Mods free of charge using software, tools, and hosting provided by a Third-Party Service mod platform ("Mod Platform"). Once you upload your Mods on a Mod Platform, your Mods can be viewed by other users, and other users will be able to download them free of charge on the Mod Platform. In some cases, Mods may be used by WB Games under the terms as defined in Section 6.2 below.
5.2 The Mod Platform is a Third-Party Service and you understand and agree that WB Games is not obligated to provide access through the Software or Licensed Materials to the Mod Platform or to any Mod or Mods. WB Games reserves the right, but not the obligation to restrict or remove your access through the Software or Licensed Materials to any Mod Platform for any reason. The Mod Platform or related web pages may contain special terms that may apply to your use of the Mods and the Mod Platform ("Mod Platform Terms"). In the event the Mod Platform Terms conflict with this Agreement, this Agreement shall control with respect to your use of the Mods and the Licensed Materials. You will look solely to the Mod Platform for any support related to the Mods (whether these are your Mods you upload on the Mod Platform or third-party Mods that you can view and/or download), and you are responsible for your dealings with the Mod Platform as a Third-Party Service. You understand that use of any Mods and the Mod Platform is at your own risk and that WB Games does not take responsibility for or control any Third-Party Services (which includes the Mod Platform). You are responsible for your use of the Mod Platform and any Mods.
6. Mods
6.1 WB Games has the right to monitor and edit, block, hide, remove or delete any Mod that is illegal, fraudulent, deceptive, offensive, obscene, threatening, defamatory, in breach of this Agreement, in breach of the WB Terms, in breach of written behavioural guidelines in respect of the Software, the Mod Platform or the Licensed Materials published either by WB Games or the Mod Platform, the cause of a complaint to WB Games from talents connected to the Software and/or Licensed Materials including without limitation complaints due to unauthorized use of name or likeness, invasive of privacy, or infringing of intellectual property rights or related rights, or contain software viruses or other malware. WB Games also has the right to limit or terminate your access to all or part of the Licensed Materials in accordance with Section 11 of the Agreement. WB Games does not endorse, sponsor, approve, guarantee, or otherwise confirm any Mods, including with respect to security, quality or originality. Mods do not represent the views of WB Games or its management, employees, or any other individual associated with the Software or Licensed Materials. Your experience with any particular Mod may vary from other users' experiences. WB Games takes no responsibility and assumes no liability for any Mods uploaded or shared by you or any third party on the authorized Mod Platform.
6.2 As between you and WB Games, you retain whatever rights, if any, you may have under applicable law in your Mods, subject at all times to WB Games' ownership of any Company IP Assets (defined below) contained therein. If you do hold any such rights to your Mods, including any copyright or other intellectual property interest, then, in exchange for the rights licensed to you in this Agreement, you hereby grant to the Company a non-exclusive, sublicensable, worldwide license to reproduce, communicate to the public, broadcast, adapt, translate in any language (including all computer languages), distribute, and otherwise use your Mods, and to create derivative works therefrom, by any technical process now known or hereafter and, in all formats, means and media now known or hereafter, for the following commercial and non-commercial purposes as part of the Company's overall business operations: (i) including the Mods into and using the Mods in connection with the Company's Software, Licensed Materials, and/or in the Mod Platform (including all versions, downloadable content, expansions, prequels, sequels, derivative works based on, and innovations to the foregoing, each of which may be marketed and/or sold together or separately); (ii) using the Mods in connection with the marketing and the promotion of the Software, the Licensed Materials and/or of the Mod Platform, in all formats, means and on media now known or hereafter (including but not limited to: print and digital media such as social media platforms and websites) and through all means of distribution now known or hereafter (including but not limited to: Internet, press, fairs and festivals); or (iii) licensing, sharing or otherwise distributing the Mods to any other user for their personal use in connection with the Software, the Licensed Materials and/or via the Mod Platform. In addition, you authorize Company to modify, including for the purpose of creating derivative works, your Mods, free of charge, in the following cases: (a) in order to ensure their compatibility with the Software and the Licensed Materials and/or as Company deems necessary or desirable to enhance gameplay, (b) to improve the Software and Licensed Materials and (c) to ensure their licensing and distribution under the above terms and conditions. This license is granted to Company as and when you upload your Mods on the Mod Platform for the whole legal duration of the applicable intellectual property rights. You accept that WB Games is not obligated to use or continue to use your Mods. Company may grant sublicenses on your Mods subject to the same terms and conditions as this license to its affiliates, agents, advertising and media agencies, distributors, developers and other commercial partners. Termination of such Agreement shall not affect the rights of any sublicensees granted by the Company prior to such termination. Company is the sole owner of any derivative works created by Company from your Mods, and is therefore authorized to license such derivative works under the above terms and conditions. You acknowledge that the Mods you upload using the Licensed Materials enjoy a certain visibility and that you share them for your own entertainment and visibility they may bring you among our community of users. Accordingly, you hereby accept to grant this license to the Company and accept that the Company might grant sublicenses to its affiliates, agents, advertising and media agencies, distributors, developers and other commercial partners, without receiving any financial compensation.
6.3 You hereby represent and warrant to the Company that: (i) your Mod is original to you and does not include any copyrights or other intellectual property of any third party or any publicity and personal rights or other property rights for which you do not have explicit permission to use under the conditions set out in this Agreement; and (ii) you have sufficient rights, title and interest (including without limitation: all intellectual property rights and other proprietary or publicity and personal rights) in your Mods in order to grant WB Games and its affiliates, licensees, agents advertising and media agencies, distributors, developers, and other commercial partners the rights described in this Section 6.
6.4 Any Mods you create or use in connection with the Software or Licensed Materials will not be treated as confidential by WB Games, and you authorize WB Games or its designee (including any Mod Platform) to store, host, license, share and distribute any Mods you create to any other user in accordance with this Section 6.
6.5 You represent and warrant that you have all necessary rights to develop and share all of your Mods. If you remove the Mods from the Software, Licensed Materials, or any Mod Platform, WB Games may retain copies of your Mod and have the right to continue to use them in accordance with this Section 6.
6.6 The operator of a Third Party Service with which you interact in respect of the Licensed Materials may require you to (i) grant to each user who downloads your Mod a nonexclusive, worldwide, royalty-free license to use one copy of your Mod on a device solely for the user's personal entertainment; (ii)agree that any user receiving access to your Mod through the Software, Licensed Materials, or Mod Platform will have the same rights to use your Mod (and will be subject to the same restrictions) as are set out in this Agreement; and (iii)agree that after downloading your Mod, the user may continue using your Mod even after you remove the Mod from WB Games's software and Licensed Materials.
7. Feedback
If you provide WB Games with any Feedback, you hereby assign to WB Games all rights, title, and interest (including all copyright, patent, and other intellectual property rights) in and to that Feedback for all purposes and uses. If any such rights are not effectively assigned under applicable law, you hereby grant WB Games a non-exclusive, worldwide, free of charge sublicensable license to reproduce, distribute, publicly perform, publicly display, modify, and otherwise use that Feedback, as and when you upload your Feedback, by any technical process now known or hereafter and, in all formats, means and media now known or hereafter, for marketing and promoting the Company's products and services and/or for the purpose of making improvements or corrections to the Company's products and services, for the whole legal duration of the applicable intellectual property rights (if any). You understand and agree that WB Games is not required to make any use of any Feedback that you provide. You agree that if WB Games makes use of your Feedback, WB Games is not required to give you attribution or compensate you for your contribution of such Feedback (unless, exceptionally, such feedback proves to be creative and protectable by copyright). You hereby represent and warrant to WB Games that: (i) your Feedback does not include any copyrights or other intellectual property or any personal rights or other property rights of any third party; and (ii) you have sufficient rights, title and interest (including without limitation: all intellectual property rights (if any) and other proprietary or personal rights) in such Feedback that you provide to WB Games in order to grant WB Games the rights described above in this Section 7. Company may grant sublicenses on your Feedback subject to the same terms and conditions as this license to its affiliates, agents, advertising and media agencies, distributors, developers and other commercial partners.
8. Ownership; Reservation of Rights by the Company
8.1 You hereby agree that WB Games and its licensors solely and exclusively own all right, title, interest, ownership rights, and intellectual property rights in and to all of the following (hereinafter collectively referred to as the "Company IP Assets"):
(a) The Software and Licensed Material, including all versions, downloadable content, expansions, prequels, sequels, derivative works based on, and innovations to each of the foregoing;
(b) The "WB Games" trademark, the "Hogwarts Legacy" trademark, and all other trademarks, service marks, and logos (including without limitation registered trademarks and/or unregistered common law trademarks) of WB Games and its affiliates in the United States of America and elsewhere (the "Company Trademarks").
(c) All other processes, techniques, patents, images, graphics, content, software, website designs, copyrights, and all other intellectual property rights provided in, made available by using, or otherwise contained in or arising out of, the Software, and Licensed Material and the Company Trademarks.
8.2 All rights granted to you under this Agreement are granted by the express License only and not by sale or otherwise. Without limitation any other provision herein, you agree as follows:
(a) Except for the limited License given to you pursuant to the explicit terms and conditions of Section 2 of the Agreement, nothing in this Agreement shall be construed as granting to you, any rights in or license in or to any Company IP Assets (as defined above); and
(b) The Company reserves without prejudice the right and ability to protect all of its intellectual property rights in its Company IP Assets from any and all unauthorized use by any user, including without limitation any unauthorized use of any Software, and Licensed Material or any Company Trademarks.
8.3 The Software and Licensed Materials include certain components provided by WB Games's licensors. Also, certain Content has been developed by users or other third parties and licensed to WB Games for distribution to you under the License. WB Games's licensors may protect their rights if you violate this Agreement.
9. Liability and Warranties
WB Games is liable in accordance with the applicable statutory laws.
You, as a consumer, benefit from statutory rights under your local laws. If you are a resident of France, please refer to Annex 1 detailing your applicable rights.
10. Privacy
10.1 By downloading or using the Licensed Materials, please be informed that your personal data will be processed in accordance with WB Games' privacy notice found here: https://www.wbd.com/privacy-notice, to the extent promulgated, and as it may be updated from time to time, with regard to the collection, use and sharing of any of your personal information or other data. WB Games' privacy notice is for your information and does not form part of this Agreement.
10.2 You acknowledge that the Software or Licensed Material may collect and send to WB Games anonymous hardware and usage data from the device on which you use the Software or other material. This functionality is used by WB Games to improve the Software and Licensed Materials and for the Company's other business purposes.
10.3 You hereby grant to the Company, a non-exclusive, worldwide, sub-licensable, license, for the entire duration of the Agreement and ten years thereafter, to use in any de-identified format any User Content (as defined below) in the normal course of Company's business, including without limitation for the following purposes: (i) for statistical analysis, industry trend analysis, and/or evaluating the efficiency of the features and functionalities of the Software, Licensed Material or other applications, products or services developed by Company; (ii) for any marketing, advertising or other methods of promoting (in digital, print or in any other media) the Software, Content, other Licensed Material, or other applications, products or services of Company; and/or (iii) for any other purposes that support and promote Company's overall business. For purposes of this Agreement, the term "User Content" means any information, data, images, or other content owned or controlled by the User that is used by the User in the course of using the Software, Licensed Material, or other applications, products or services of Company.
11. Termination
Without limiting any other rights of WB Games, WB Games can terminate this Agreement if you fail to comply with any of the terms and conditions set out in this Agreement. In such cases, WB Games will provide you with a warning and give you the possibility to rectify the breach and provide you with prior notice before WB Games terminates your access to the Licensed Material, unless doing so would cause WB Games or another person legal liability, would compromise an investigation or the operation of any WB Games products or services, would cause harm to WB Games' users or would otherwise be in breach of the law or the direction of a legal enforcement authority. This may include termination or suspension of your access to the Licensed Material if WB Games receives complaints from talents connected to the Licensed Material including without limitation complaints due to unauthorized use of name, voice, likeness or imagen works. In such cases where WB Games will not provide you with prior notice, we will inform you immediately after your access was terminated or suspended. We will restore access to and use of the Software, Content or other Licensed Material if you have provided valid reasons that WB Games' action was not justified.
Notwithstanding the above, WB Games can terminate this Agreement with a notice period of 30 days without a reason.
You can terminate this Agreement at any time, e.g., by deleting the Software and all Content and any other Licensed Material. Upon any termination, the License will automatically terminate, you may no longer exercise any of the rights granted to you by the License, and you must destroy all copies of the Software, Content and any other Licensed Material in your possession or control. This is without prejudice to your rights to retrieve, at your request, any content other than personal data, which you provided or created when using the Software, Content or any other Licensed Material in case of exercise of a withdrawal right, or termination following a conformity defect or a change to Licensed Materials following Sections 3 and 9 of this Agreement. Your rights to retrieve your content, other than personal data, do not apply when (i) the content has no utility outside the context of the Software, Content or any other Licensed Materials, (ii) the content only relates to your activity when using the Software, Content or any other Licensed Materials, or (iii) WB Game has aggregated the content with other data and cannot disaggregate it or only with disproportionate efforts.
Except in the case of a breach of WB Games legal or contractual obligations, conformity defect, or to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not this Agreement has been terminated.
Sections 2, 5, 7-14, and 15-17 of this Agreement will survive any termination of this Agreement.
12. Governing Law and Jurisdiction
The construction, validity and performance of this Agreement and all non-contractual obligations arising from or connected with this Agreement shall be governed by the laws of the country of your habitual residence.
Any action or proceeding brought to adjudicate any dispute related to this Agreement or the Licensed Materials shall be subject to the non-exclusive jurisdiction of the courts of the country of your habitual residence, unless otherwise agreed in writing by both parties.
13. U.S. Government Matters
The Software, Content, other Licensed Materials, and Mods are "Commercial Items" (as defined at 48 C.F.R. §2.101), consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation" (as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable). The Software, Content, other Licensed Materials, and Mods are being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to other licensees under this Agreement.
You represent and warrant to WB Games that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
14. Amendments of this Agreement
WB Games may change or amend this Agreement at any time and from time to time if there is a valid reason to do so and insofar as the change or amendment is reasonable taking into account the interests of both contractual parties ("Amended Agreement"). WB Games will notify you of such Amended Agreement within reasonable notice before it comes into force upon any reasonable means of notification qualifying as a durable medium, with the understanding that the form of reasonable notice shall be determined by WB Games in its discretion. If any Amended Agreement is not acceptable to you, you must terminate this Agreement and must stop using the Software, the Content, and all other Licensed Materials before the Amended Agreement comes into force. Your continued use of the Software, the Content, or any other Licensed Materials will demonstrate your acceptance of the Amended Agreement.
If your habitual residency is in Germany, the following applies instead of the above:
WB Games may change or amend this Agreement with effect for the future is there is a valid reason to do so and insofar as the change or amendment is reasonable taking into account the interests of both contractual parties ("Amended Agreement"). A valid reason exists in particular if the changes or amendments are necessary due to a disruption of the equivalent relationship of the Agreement to a not insignificant extent that was unforeseeable for WB Games at the time of the conclusion of the Agreement, or if they are necessary for continuing the performance of the Agreement due to changes in case law or legislation. This does not cover any changes or amendments to a main performance obligation. WB Games will send you the Amended Agreement in text form before the planned entry into force and will separately refer to the new provisions and the date of entry into force. At the same time, WB Games will grant you a reasonable period of at least six weeks to declare whether you accept the Amended Agreement for the future. If you do not make any statement within this period, which begins to run from your receipt of the notification in text form, the Amended Agreement shall be deemed to have been agreed. WB Games will inform you separately about this legal consequence, i.e. the right of objection, the objection period and the significance of silence, at the beginning of the period.
15. No Assignment
You may not, without the prior written consent of WB Games, assign, transfer, charge, or sub-contract any of your rights or obligations under this Agreement, and any attempt without that consent will be null and void. If restrictions on transfer of the Licensed Materials or Mods in this Agreement are not enforceable under the law of your country, then this Agreement will be binding on any recipient of the Software, Licensed Materials or Mods. You agree that WB Games may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement, provided that your rights under this Agreement will not be adversely affected as a result of such transfer.
If your habitual residency is in Germany, the following applies instead of the above:
You may not, without the prior written consent of WB Games, assign any of your rights or obligations under this Agreement. This does not apply to any monetary claims you may have against WB Games or if your legitimate interest in the assignability of the right outweighs WB Games' legitimate interest in the exclusion of the assignment. WB Games may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement but if this is the case, you have the right to terminate this Agreement.
16. Definitions
As used in this Agreement, the following capitalized words have the following meanings:
"Content" means any artwork or other content asset that WB Games makes available for you to access or download through the Software or Marketplace for your use with the Software in order to create Mods.
"Editor" means the HOGWARTS LEGACY-specific version of the Unreal Editor that WB Games and/or its partners make available for you to access or download for your use with the Software, and any patches, updates, upgrades and documentation for such application. The Editor includes tools, editing software, in-game functionality, or other features to edit the Software and Content to create Mods under the License. The term "Editor" specifically does not include (i) other versions of the Unreal Editor, (ii) Content or (iii) the Software.
"Epic" means Epic Games International S.à r.l., a Luxembourg Société à Responsibilité Limitée, located at Atrium Business Park, 33 rue du Puits Romain, L8070 Bertrange, Grand-Duchy of Luxembourg, acting through its Swiss branch, having its principal business offices at Lindenstrasse 16, 6341 Baar, Switzerland.
"Feedback" means any feedback or suggestions that you provide to WB Games regarding the Licensed Materials, Software, or Mods.
"Licensed Materials" means the Content and Editor.
"Marketplace" means a digital marketplace maintained by Epic or its affiliates, Epic's GitHub Unreal® Engine Network, the Unreal® Engine launcher, and any other means by which Epic makes the Unreal® Engine or related content available and through which, among other things, Editor and certain Content is made available for use under the License.
"Mod" means User generated content and/or modifications of one or more aspects of the Software which are designed to be used with the Software to provide a gameplay experience that is customized or otherwise modified from the Software as made available by WB Games. Mods include, for example, custom levels, maps, games, or other content based on the Software and/or Content, and includes all content created using the Editor.
"Software" means the proprietary computer game software application known as HOGWARTS LEGACY made available by WB Games, and any patches, updates, upgrades, new versions, and documentation for such application, made available to you by WB Games at any time.
"Source Code" means the human readable form of a software program, including all modules it contains, plus any associated interface definition files, scripts used to control compilation, and installation of an executable (object code).
"WB Games" has the meaning set forth at the top of this Agreement.
17. Miscellaneous
This Agreement and any document or information referred to in this Agreement constitute the entire agreement between you and WB Games relating to the subject matter covered by this Agreement.
You must comply with all applicable domestic and international export laws and regulations (which may be amended from time to time) that apply to the Software and Licensed Materials, which include restrictions on destinations, users, and use. You agree not to use, export, re-export, download, or otherwise transfer any part of the Software or Licensed Materials into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons list and other sanctions lists administered by the Office of Foreign Assets Control (OFAC). You represent and warrant that you are not located in, under the control of, or a national or resident of an embargoed country and that you are not a Specifically Designated National or Blocked Person, and that you agree not to take any action that will cause anyone, including WB Games Parties, to be in violation of any applicable export controls and sanctions laws.
Any act by WB Games to exercise, or failure or delay in exercise of, any of its rights under this Agreement, at law or in equity will not be deemed a waiver of those or any other rights or remedies available in contract, at law or in equity.
Unless otherwise stated in this Agreement or determined by a court of law, if any term of this Agreement is held by a court or tribunal of competent jurisdiction to be unenforceable, the term will be enforced to the maximum extent permissible and the remaining terms of this Agreement will remain in full force and effect. You agree that this Agreement does not confer any rights or remedies on any person other than the parties to this Agreement, except as expressly stated.
Annex 1 - Specific Terms for France residents
The below terms apply, in addition to the Agreement, if you are a resident of France. As a consumer, you benefit from a legal guarantee of conformity and a legal guarantee for hidden defects on the Licensed Materials.
Legal guarantee of conformity
Where the digital content or service is provided on a one-off basis: In the event of a lack of conformity, the consumer has a period of two (2) years from the date of supply of the digital content or service to obtain the implementation of the legal guarantee of conformity. During a period of one (1) year from the date of supply, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
The legal guarantee of conformity implies the obligation to provide all updates necessary to maintain the conformity of the digital content or service.
If the digital content or service is provided on a continuous basis: You have the right to enforce the legal guarantee of conformity in the event of the appearance of a lack of conformity during the entire period of supply of the digital content or service from the beginning of the supply of the digital content or service. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
The legal guarantee of conformity implies the obligation to provide all updates necessary to maintain the conformity of the digital content or service during the entire period of supply of the digital content or service.
The legal guarantee of conformity gives the consumer the right to have the digital content or service brought into conformity without undue delay following his/her request, free of charge and without major inconvenience to him/her.
The consumer may obtain a price reduction by keeping the digital content or service, or a rescission of the contract with a full refund in exchange for the waiver of the digital content or service, if:
1° The traders refuse to bring the digital content or service into conformity;
2° The conformity of the digital content or service is unjustifiably delayed;
3° The digital content or service may not be brought into conformity without cost to the consumer;
4° The conformity of the digital content or service causes major inconvenience to the consumer;
5° The non-conformity of the digital content or service persists despite the professional's unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a price reduction or rescission of the contract where the lack of conformity is so serious as to justify immediate price reduction or rescission of the contract. The consumer is then not obliged to ask for the digital content or service to be brought into conformity beforehand.
In cases where the lack of conformity is minor, the consumer has the right to rescind the contract only if the contract does not provide for payment of a price.
Any period of unavailability of the digital content or service in order to bring it into conformity shall suspend the remaining guarantee period until the digital content or service is supplied in conformity again.
The rights mentioned above result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.
A trader who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to EUR 300 000, which may be increased to 10% of the average annual turnover (Article L. 242-18-1 of the French Consumer Code).
Legal guarantee for hidden defects
The consumer also benefits from the legal guarantee for hidden defects in application of articles 1641 to 1649 of the French civil code, for a period of two (2) years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content or service is kept or to a full refund in exchange for the waiver of the digital content or service.
Editor End User License Agreement (US EULA)
This document is available for download here:
https://legal.wbgames.com/editor/index.html
Last updated: January 2025
ARBITRATION NOTICE: YOU AGREE THAT, AS SET FORTH IN SECTIONS 13 AND 14 BELOW, DISPUTES BETWEEN YOU AND WB GAMES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION OR A TRIAL BY JURY. SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION ARE EXPLAINED BELOW.
This End User License Agreement ("Agreement") is a legal document that is entered into between WB Games ("Company" or "WB Games") and the individual agreeing to this Agreement ("User", "you", or "your") and governs your access to and use of the Content and Editor (as such terms are defined below, and collectively, the "Licensed Material") that you obtain through the Software or Marketplace (as such terms are defined below), as made available to you by WB Games. This Agreement is subject to the WB Games End User License Agreement (available at https://legal.wbgames.com/eula/), and WB Games Terms of Service (available at https://legal.wbgames.com/terms-of-service/), WBD Privacy Policy (available at https://www.wbdprivacy.com/policycenter/b2c/) and WB Guidelines (available at https://portkeygamessupport.wbgames.com/hc/articles/37100090828819) (collectively, WB Terms), which are incorporated by reference. Capitalized terms used and not otherwise defined in this Agreement have the meanings set forth in Section 18 below.
BY CLICKING THE "ACCEPT" BUTTON WHEN DOWNLOADING AND/OR ACCESSING THE LICENSED MATERIAL YOU ARE HEREBY AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS IN EXISTENCE ON THE FIRST DATE OF YOUR FIRST USE OF THE LICENSED MATERIAL (THE "EFFECTIVE DATE").
WITHOUT LIMITING ANY OTHER PROVISION IN THIS AGREEMENT, EACH USER HEREBY AGREES THAT:
(A) THIS AGREEMENT, WHICH IS BETWEEN YOU AND THE COMPANY, IS A BINDING AGREEMENT THAT GOVERNS YOUR ACCESS TO, AND USE OF, THE LICENSED MATERIAL;
(1) IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY (A MINOR), BEFORE ACCESSING THE LICENSED MATERIALS, YOUR PARENT OR LEGAL GUARDIAN MUST READ AND CONSENT TO THIS AGREEMENT ON YOUR BEHALF. BY PERMITTING A MINOR TO ACCESS THE LICENSED MATERIALS, A MINOR'S PARENT OR GUARDIAN BECOMES SUBJECT TO THIS AGREEMENT AND AGREES TO BE RESPONSIBLE FOR ALL OF THE MINOR'S ACTIVITIES IN CONNECTION WITH THE LICENSED MATERIAL. IF YOU ARE UNDER THE LEGAL AGE AND DO NOT HAVE PARENTAL OR GUARDIAN CONSENT, YOU MAY NOT ACCEPT THIS AGREEMENT AND MUST NOT ACCESS THE LICENSED MATERIALS.
(B) EACH USER'S USE AND/OR ACCESS TO THE LICENSED MATERIAL IS EXPRESSLY CONDITIONED ON SUCH USER'S STRICT COMPLIANCE WITH ALL OF THE TERMS AND CONDITIONS OF (i) THIS AGREEMENT, (ii) WB GAMES' PRIVACY POLICY (AVAILABLE AT https://www.wbdprivacy.com/policycenter/b2c/), and (iii) ANY OTHER TERMS, CONDITIONS, OR POLICIES LINKED TO OR INCORPORATED BY REFERENCE IN THIS AGREEMENT, EACH OF WHICH MAY BE UPDATED FROM TIME TO TIME. YOU UNDERSTAND THAT CERTAIN FEATURES OF THE LICENSED MATERIALS AND MODS MAY ONLY BE AVAILABLE TO ELIGIBLE USERS BASED ON DEVICE TYPE; AND
(C) THIS AGREEMENT CAN BE AMENDED AT ANY TIME BY THE COMPANY AS MORE FULLY SET FORTH IN SECTION 16 HEREIN.
NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THIS AGREEMENT WILL BE ACCEPTED BY WB GAMES. THUS, IF YOU DO NOT OR CANNOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS, DOWNLOAD OR OTHERWISE USE THE LICENSED MATERIAL.
YOU SHOULD DOWNLOAD AND PRINT THIS AGREEMENT FOR YOUR RECORDS.
ADDITIONAL NOTICE TO USERS REGARDING YOUR USE OF THE EDITOR:
In addition to your compliance with this Agreement, your use of the Editor (as defined below) is also subject to your compliance with Epic Games, Inc.'s Unreal® Engine End User License Agreement ("UE EULA"), which may be found at www.unrealengine.com/eula, and which is incorporated by reference as supplemented by the additional terms and conditions in this Agreement (including without limitation Sections 5 and 6 of this Agreement). By downloading or continuing to use the Editor, you hereby agree to be bound by all of the terms and conditions of the UE EULA. In the event the UE EULA conflicts with the terms in this Agreement, this Agreement shall control with respect to your use of the Editor in connection with the Software and Content.
ADDITIONAL NOTICE TO USERS REGARDING YOUR USE OF THE MARKETPLACE:
In addition to your compliance with this Agreement, your use of the Marketplace (as defined below) is also subject to your compliance with Epic Games, Inc.'s Terms of Service, ("Epic Terms") which are incorporated by reference. By using the Marketplace, you hereby agree to be bound by all of the terms and conditions of the Epic Terms. In the event the Epic Terms conflict with the terms in this Agreement, the Epic Terms shall control solely with respect to your use of Marketplace. Marketplace is a Third-Party Service (defined below).
1. License Grant
1.1 Subject to the terms and conditions of this Agreement, and your compliance with this Agreement, WB Games grants you a personal, non-exclusive, non-transferable, non-sublicensable, non-assignable, limited and revocable right and license to install and use one copy of the Licensed Materials on a device (that either you own or have a license to use) solely for your personal entertainment use in association only with the Software and solely for the purpose of allowing you to create new Mods (as defined below) for use solely with the Software (the "License").
1.2 Without limiting the foregoing in any way, and for clarity, the above License is subject to the following additional terms and conditions:
(a) The License only permits you to use the Licensed Material to create new Mods solely and exclusively for use with the Company's Software, but for no other software, games, products, services or uses;
(b)The rights that WB Games grants you under the License are subject to the terms of this Agreement, and you may only make use of the License if you comply with all applicable terms; (c) In all events, your use (and the above License) is limited for and to your personal and non-commercial use only; and
(d) The License becomes effective on the Effective Date of this Agreement (as noted above). The License does not grant you any title or ownership in the Software, Licensed Materials, Company IP Assets (defined below), or Marketplace.
2. Additional License Conditions
2.1 Without limiting the foregoing in any way, and for clarity, the above License does not permit a User to do any of the following, and you are hereby expressly prohibited from doing any of the following with respect to the Software, Licensed Materials or any of their parts:
(a) using them with or in connection to any games, projects, products, or services other than the Software, or to create or develop any separate or standalone games, projects, products, or services.
(b) use them commercially;
(c) copy, reproduce, distribute, display, or use them in a way that is not expressly authorized in this Agreement;
(d) sell, rent, lease, license, distribute, or otherwise transfer them;
(e) reverse engineer, derive Source Code from, modify, adapt, translate, decompile, or disassemble it or make derivative works based on them;
(f) remove, disable, circumvent, or modify any proprietary notice or label or security technology included in them;
(g) create, develop, distribute, or use any unauthorized software programs, cheats, hacks, scripts, bots, unauthorized mods, or other methods designed to interact with the Software or Licensed Materials in any way for any purpose not authorized in this Agreement, including to collect information, interfere with the operation of the Software or Licensed Materials, exploit any bugs, or to gain advantage in any online or other game modes;
(h) enable or encourage any collection, selling, or trading of anything from the Software or Licensed Materials, including any virtual currency or items, and you will not create or participate in any exploitation of price differences of virtual currency or items by any means;
(i) use them to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights; or
(j) use, export, or re-export them in violation of any applicable law or regulation.
2.2 In no event may your Mods be illegal, fraudulent, deceptive, offensive, obscene, threatening, defamatory, invasive of privacy, or infringing of intellectual property rights, or contain software viruses or other malware, as determined by WB Games in its sole discretion.
2.3 Furthermore, with regard to your Mods, you may not actively redistribute, resell, license or otherwise sell such content.
3. Updates and Patches
WB Games may provide patches, updates, or upgrades to the Software or Licensed Materials that must be installed in order for you to continue to use the Licensed Materials. WB Games may update the Software or Licensed Materials remotely without notifying you, and you hereby automatically consent to WB Games applying patches, updates, and upgrades.
WB Games may modify, suspend, discontinue, or limit your access to any aspect of the Software, Content or any other Licensed Material at any time.
You acknowledge that your use of the Licensed Materials does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Licensed Materials or Software, including but not limited to any in-game rewards, achievements, or character levels. You also acknowledge that any character data, game progress, game customization or other data related to your use of the Licensed Materials, including any associated with the Software, may cease to be available to you at any time without notice from WB Games, including without limitation after a patch, update, or upgrade is applied by WB Games. WB Games does not have any support obligations with respect to the Licensed Materials.
4. Third-Party Services
WB Games may also provide access (paid or unpaid) to content, software, products, or services offered by companies or entities other than WB Games ("Third-Party Services"). When you use the Software or Licensed Materials to access Third-Party Services, the applicable provisions of this Agreement and any applicable usage terms associated with the Third-Party Services, which may be found or identified in documentation provided with the Third-Party Service and are incorporated herein by reference, will govern your use of that Third-Party Service. WB Games does not endorse Third-Party Services promoted or marketed on or through the Software or Licensed Material. Aspects of the Software and Licensed Materials also help you find, make requests to, or interact with Third-Party Services or allow you to share your information and Mods, and you understand that by using the Software and/or Licensed Materials you are directing them to make Third-Party Services available to you. Any third-party terms do not modify any terms in this Agreement. You are responsible for reviewing and abiding by any applicable usage terms of any Third-Party Services and for your dealings with third parties. WB Games does not license any intellectual property to you as part of any Third-Party Services and is not responsible or liable to you or others for information or services provided by any Third-Party Services.
This software contains a redistributed version of Houdini Engine, which is the proprietary intellectual property of Side Effects Software Inc. Installation and use of Houdini Engine, whether directly or indirectly, is governed by the Side Effects Software License Agreement at https://www.sidefx.com/legal/license-agreement/ and by installing or using this software and you agree to comply with the terms of that agreement.
5. Third-Party Mod Platform
5.1 The Software and/or Licensed Materials may provide access to upload your Mods and/or obtain other users' Mods using software, tools, and hosting provided by a Third-Party Service mod platform designated by WB ("Mod Platform"). Mods may be viewed by other users, and Mods users may be able to interact with, download, or obtain the Mods on the Mod Platform. In some cases, Mods may be considered for incorporation by WB Games into the Software or into another offering in WB Games' sole discretion.
5.2 The Mod Platform is a Third-Party Service and you understand and agree that WB Games is not obligated to use, distribute, or continue to distribute copies of any Mods or provide access through the Software or Licensed Materials to the Mod Platform. WB Games reserves the right, but not the obligation to restrict or remove your access through the Software or Licensed Materials to any Mod Platform for any reason. The Mod Platform or related web pages may contain special terms that may apply to your use of the Mods and the Mod Platform ("Mod Platform Terms"). In the event the Mod Platform Terms conflict with this Agreement, this Agreement shall control with respect to your use of the Licensed Materials. You will look solely to the Mod Platform for any support related to the Mods, and you are responsible for your dealings with the Mod Platform as a Third-Party Service. You understand that use of any Mods and the Mod Platform is at your own risk and that WB Games does not take responsibility for or control any Third-Party Services (which includes the Mod Platform). You are responsible for your use of the Mod Platform and any Mods.
6. Mods
6.1 WB Games has the right but not the obligation to monitor and edit or suppress, block, hide, remove, or delete any Mods in its discretion (and may instruct the Mod Platform to take such actions), including any which WB Games determines, in its sole discretion, may be illegal, fraudulent, deceptive, offensive, obscene, threatening, defamatory, invasive of privacy, or infringing of intellectual property rights, or contain software viruses or other malware. WB Games also has the right to limit or terminate your access to all or part of the Software or Licensed Materials for any or no reason, including without limitation, any violation of this Agreement (including any conditions, terms, and policies linked to or incorporated by reference in this Agreement). WB Games does not endorse, sponsor, approve, guarantee, or otherwise confirm any Mods, including with respect to security, quality or originality. Mods do not represent the views of WB Games or its management, employees, or any other individual associated with the Software or Licensed Materials. WB Games has no obligation to host, maintain, support, or distribute any Mods.
6.2 As between you and WB Games, you (on behalf of yourself and any third party whose rights you use in your Mods) retain whatever rights, if any, you may have under applicable law in your Mods, subject at all times to WB Games' ownership of any Company IP Assets (defined below) contained therein. If you do hold any such rights to your Mods, including any copyright or other intellectual property interest, then, in exchange for the rights licensed to you in this Agreement, you (on behalf of yourself and any third party whose rights you use in your Mods) hereby grant to WB Games, its licensors, licensees, and designees a non-exclusive, worldwide, perpetual, irrevocable, assignable, sub-licensable, transferable, fully paid up right and license to reproduce, edit, modify, adapt, create derivative works based on, publish, distribute, publicly display, communicate to the public, publicly perform, and otherwise use your Mods for any purpose as part of WB Games' overall business operations and non-commercial purposes, without compensation or notice to you, including in and in connection with the Software, Licensed Content, and/or Mod Platform and all versions, downloadable content, expansions, prequels, sequels, derivative works based on, and innovations to the foregoing, each of which may be marketed and/or sold together or separately. For clarity, the rights granted under this Section 6 include without limitation: (i) including the Mods into the Software or Licensed Materials; (ii) licensing, sharing or otherwise distributing the Mods to any third party, including without limitation any other user and/or via the Mod Platform; (iii) using in connection with marketing for the Software, Licensed Materials, and/or Mod Platform; and (iv) making any modifications necessary to make your Mods compatible with the Software, to improve the Software and Licensed Materials, and/or as it deems necessary or desirable to enhance gameplay. To the extent permitted by applicable law, you agree not to assert or enforce any moral rights or similar rights you may have in your Mods which may now or may hereafter be recognized, and all ancillary and subsidiary rights, in any territory, whether currently known or unknown. You hereby represent and warrant to WB Games that: (a) your Mod is original to you and does not include any copyrights or other intellectual property of any third party for which you do not have explicit permission to use, or unless otherwise permitted by fair use or other applicable laws; and (b) you have sufficient rights, title and interest (including all intellectual property rights and other proprietary or personal rights) in your Mods, or, if not, you have obtained all rights necessary in order to grant WB Games and other affected parties the rights described in this Section 6; and (c) the use of your Mods as set forth herein will not violate the rights of any third party or cause WB Games to incur any fees.
6.3 Any Mods you create or use in connection with the Software or Licensed Materials will not be treated as confidential by WB Games, and you authorize WB Games or its designee (including any Mod Platform) to store, host, and distribute any Mods you create to any other user.
6.4 You represent and warrant that you have all necessary rights to develop, share and license all of your Mods. If you remove the Mods from the Software, Licensed Materials, or any Mod Platform, WB Games may retain copies of your Mod and have the right to continue to use them in accordance with this Section 6.
6.5 You hereby grant to each user who downloads your Mod a nonexclusive, royalty-free license to use one copy of your Mod on a device solely for the user's personal entertainment. You agree that any user receiving access to your Mod through the Software, Licensed Materials, or Mod Platform will have the same rights to use your Mod (and will be subject to the same restrictions) as are set out in this Agreement. You agree that after downloading your Mod, the user may continue using your Mod even after you remove the Mod from the Software, Licensed Materials, and/or Mod Platform.
7. Feedback
If you provide WB Games with any Feedback, you hereby assign to WB Games all rights, title, and interest (including all copyright, patent, and other intellectual property rights) in and to that Feedback for all purposes and uses. If any such rights are not effectively assigned under applicable law, you hereby grant WB Games a non-exclusive, worldwide, fully-paid, perpetual, irrevocable, transferable, sublicensable license to reproduce, distribute, publicly perform, publicly display, make, use, have made, sell, offer to sell, import, modify and make derivative works based on, and otherwise exploit that Feedback for all purposes and uses. If any such rights may not be assigned or licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert all such rights (to the extent such waiver is permissible under applicable laws). You understand and agree that WB Games is not required to make any use of any Feedback that you provide. You agree that if WB Games makes use of your Feedback, WB Games is not required to give you attribution, give you credit or compensate you for your contribution of such Feedback. You hereby represent and warrant to WB Games that: (i) your Feedback is original to you and does not include any copyrights or other intellectual property of any third party; and (ii) you have sufficient rights, title and interest (including all intellectual property rights and other proprietary or personal rights) in such Feedback that you provide to WB Games in order to grant WB Games and other affected parties the rights described above in this Section 7.
8. Ownership; Reservation of Rights by the Company
8.1 You hereby further acknowledge and agree that, as between you and WB Games (and its licensors), WB Games and its licensors solely and exclusively own all right, title, interest, ownership rights, and intellectual property rights in and to all of the following (hereinafter collectively referred to as the "Company IP Assets"):
(a) The Software and Licensed Material, including all versions, downloadable content, expansions, prequels, sequels, derivative works based on, and innovations to each of the foregoing;
(b) The "WB Games" trademark, the "Hogwarts Legacy" trademark, and all other trademarks, service marks, and logos (including without limitation registered trademarks and/or unregistered common law trademarks) of WB Games and its affiliates in the United States of America and elsewhere (the "Company Trademarks").
(c) All other processes, techniques, patents, images, graphics, content, software, website designs, copyrights, and all other intellectual property rights provided in, made available by using, or otherwise contained in or arising out of, the Software and Licensed Material and the Company Marks.
8.2 All rights granted to you under this Agreement are granted by the express License only and not by sale or otherwise. No license or other rights (including in or to any Company IP Assets) shall be created hereunder by implication, estoppel, or otherwise. You further acknowledge and agree that WB Games reserves without prejudice the right and ability to protect all of its intellectual property rights in its Company IP Assets from any and all unauthorized use by any user, including without limitation any unauthorized use of any Software, Licensed Material, Mods, or any Company Marks.
8.3 The Software and Licensed Material includes certain components provided by WB Games' licensors. Also, certain Content has been developed by users or other third parties and licensed to WB Games for distribution to you under the License. WB Game's licensors may protect their rights if you violate this Agreement.
8.4 Notice of Copyright Infringement
If you believe that any User Content or other material on the Service infringes your copyright rights, please forward the following information in writing to our Copyright Agent at the address listed below, in conformance with the Digital Millennium Copyright Act of 1998 ("DMCA"):
A. Your name, address, telephone number, and (if available) email address;
B. A description of the copyrighted work that you claim has been infringed;
C. The exact URL or a description of each place where alleged infringing material is located;
D. A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
E. Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
F. A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted to Warner's Copyright Agent at the following address:
Warner Bros. Entertainment Inc.
Attention: Copyright Agent
4000 Warner Boulevard
Burbank, CA 91522
Tel: (818) 977-0018
Fax: (818) 977-7929
Email: copyright@wb.com
If we are notified that any User Content infringes another's intellectual property rights, we may remove such User Content pursuant to the DMCA. In accordance with the DMCA, we have a repeat infringer policy and reserve the right to terminate your Account for submitting infringing User Content in violation of these Terms once or on a repeated basis.
9. Disclaimers and Limitation of Liability
The Software Licensed Materials, Mods, and any Third-Party Services are provided on an "as is" and "as available" basis, "with all faults" and without warranty of any kind.
WB Games, its licensors, and its and their affiliates disclaim any and all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Software, Licensed Materials, Mods, and/or Third-Party Services including without limitation all express, implied, and statutory warranties and conditions of any kind, such as (but not limited to) title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not WB Games knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.
Without limiting the generality of the foregoing, WB Games, its licensors, and its and their affiliates make no representation or warranty that with respect to the Software, Licensed Materials, Mods, and/or Third-Party Services: (1) they will operate properly, (2) they will meet your requirements, (3) that the operation of them will be uninterrupted, bug free, or error free in any or all circumstances, or (4) that any defects in them can or will be corrected.
Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is hereby expressly disclaimed.
WB Games, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software, Licensed Materials, Mods, and/or Third-Party Services. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither WB Games, nor its licensors, nor its or their affiliates, nor any of WB Games' service providers (collectively, the "WB Games Parties"), shall be liable in any way for any loss of profits or any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with this Agreement or the Software, Licensed Materials, Mods, or Third-Party Services, even in the event of an WB Games Party's fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if an WB Games Party has been advised of the possibility of such damages.
Further, to the maximum extent permitted by applicable law, the aggregate liability of the WB Games Parties arising out of or in connection with this Agreement or the use of any Software, Licensed Materials, Mods, or Third-Party Service will not exceed the total amounts you have paid (if any) to WB Games under this Agreement during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Since some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the foregoing limitations of liability shall apply only to the full extent permitted by law.
10. Indemnity
You hereby agree to indemnify, pay the defense costs of, and hold WB Games Parties harmless from all claims, demands, actions, losses, liabilities, and expenses (including attorneys' fees, costs, and expert witnesses' fees) that arise from or in connection with:
(a) any claim that, if true, would constitute a breach by you of this Agreement or negligence by you,
(b) any act or omission by you in using the Software, Licensed Materials, Mods, or Third-Party Services; or
(c) any Mods, Feedback or other materials you create, develop or make available (including without limitation allegations that your Mods infringe third party intellectual property rights).
You hereby agree to reimburse WB Games Parties on demand for any costs, liabilities, claims, and expenses, including without limitation attorney's fees, incurred by WB Games Parties and any payments made or loss suffered by WB Games, whether in a court judgment or settlement, based on any matter covered by this Section 10.
If you are prohibited by law from entering into the indemnification obligation above, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys' fees, costs and expert witnesses' fees) that are the stated subject matter of the indemnification obligation above.
11. Privacy
11.1 By downloading or using the Licensed Materials, you hereby automatically consent to the terms and conditions in WB Games' privacy notice found here: https://www.wbd.com/privacy-notice, to the extent promulgated, and as it may be updated from time to time, with regard to the collection, use and sharing of any of your personal information or other data.
11.2 You acknowledge that the Software or Licensed Material may collect and send to WB Games anonymous hardware and usage data from the device on which you use the Software or Licensed Material. This functionality is used by WB Games to improve the Software and Licensed Materials and for the Company's other business purposes.
11.3 Each User hereby grants to the Company, a non-exclusive, worldwide, perpetual, assignable, sub-licensable, transferable, fully paid up right and license to use in any de-identified format any User Content (as defined below) in the normal course of Company's business, including without limitation for the following purposes: (i) for statistical analysis, industry trend analysis, and/or evaluating the efficiency of the features and functionalities of the Software, Licensed Material, or other applications, products or services developed by Company; (ii) for any marketing, advertising or other methods of promoting (in digital, print or in any other media) the Software, Licensed Material, or other applications, products or services of Company; and/or (iii) for any other purposes that support and promote Company's overall business. For purposes of this Agreement, the term "User Content" means any information, data, images, or other content owned or controlled by the User that is used by the User in the course of using the Software, Licensed Material, or other applications, products, or services of Company.
12. Termination
Without limiting any other rights of WB Games, and to the fullest extent permissible under applicable law, WB Games may suspend or terminate this Agreement and/or your access to any aspects of the Software, Licensed Materials, Mods, and/or Third-Party Services at any time including if WB Games determines, its sole discretion, that you fail to comply with any of the terms and conditions in this Agreement. You may stop using the Licensed Materials and related services at any time and terminate this Agreement by destroying and/or deleting all copies of the Licensed Materials in your possession. Upon any termination, the License will automatically terminate, you may no longer exercise any of the rights granted to you by the License, and you must destroy and/or delete all copies of the Licensed Material in your possession or control.
Sections 2, 4, and 6-18 of this Agreement will survive any termination of this Agreement.
13. Dispute Resolution
a. Informal Resolution
If a dispute arises between you and us, you agree to first provide us with notice of your complaint via email to legal@wb.com so that the parties may attempt to resolve the dispute informally within sixty (60) days from the date your complaint is received.
b. Applicable Law and Venue
Except as otherwise provided herein, this End User License Agreement will be governed by, construed, and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California, excluding only the California body of laws concerning conflicts of law. Except as provided below, you consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, including for any action seeking to compel arbitration or vacate an arbitral award, and consent to the personal jurisdiction of such courts. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies) will not apply to these Terms and is hereby disclaimed.
c. Arbitration Agreement
1. Arbitration
With the exception of class actions, small claims court filings, or actions for preliminary injunctive relief (as further discussed below), any other dispute of any kind between you and WB Games arising under this Agreement or in connection with your use of the Game ("Dispute(s)"), if unresolved through the informal process outlined above, will be resolved by binding arbitration in Los Angeles County, California. If you are an individual consumer using the Game primarily for personal reasons such as to view entertainment content (an "Individual Consumer"), and you are located within the United States, you may alternatively select your state of residence as the place of arbitration, but all other actions remain subject to the venue and choice of law provisions in the Governing Law Section (b. Applicable Law and Venue).
The arbitrator presiding over a Dispute will be a retired judge or justice of any state or federal court with substantial experience in the subject matter relevant to the matter in dispute and will follow California law, exclusive of conflict or choice of law rules, in adjudicating the dispute.
The parties acknowledge that this EULA evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement will be governed by the Federal Arbitration Act.
The parties agree that the arbitrator presiding over a Dispute will be instructed, whenever practicable, to resolve threshold legal issues by way of motions filed by the parties. The parties also agree that they will follow JAMS' streamlined arbitration rules and procedures then in effect in arbitrating any Dispute, except to the extent that the JAMS rules are inconsistent with this Governing Law Section (c. Arbitration Agreement) including the class action waiver described below. The JAMS rules are available at www.jamsadr.com.
The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this EULA, including, but not limited to, any claim that all or any part of this EULA is void or voidable, or whether a claim is subject to arbitration. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity, other than class relief. The arbitrator's award will be written, and binding, on the parties and may be entered as a judgment in any court of competent jurisdiction. If you are an Individual Consumer, WB Games will pay all arbitration administrative fees and fees for the arbitrator's services, other than the $250 filing fee required for you to initiate a claim.
If you are an Individual Consumer and the claim you wish to assert against us is for less than $10,000 then, at your election, (i) the arbitration may proceed in-person, by telephone, or by written briefs or (ii) you may in lieu of arbitration bring your claim in small claims court. If either party files a claim in state or federal court that is required by this EULA to have been brought to arbitration, then the other party will be entitled to such party's reasonable attorneys' fees incurred in successfully compelling arbitration.
Both parties reserve the right to seek a preliminary injunction or temporary restraining order from a federal or state court located in Los Angeles County, California. However, after such request for relief has been adjudicated by such court, the remainder of the Dispute will be resolved by binding arbitration as set forth herein.
2. Class Action Waiver
YOU AND WB GAMES AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND THAT ANY CLAIMS BROUGHT UNDER THIS EULA OR IN CONNECTION WITH THE GAME MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The parties further agree that they will not participate in any class action (existing or future) brought by any third party arising under this Agreement or in connection with the Game. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration hereunder can proceed on a class-wide basis, then such class action is not subject to arbitration and must be litigated in state or federal court in Los Angeles County, California.
3. Opt-Out
If you are an Individual Consumer, you may opt-out of this Governing Law Section (c. Arbitration Agreement) within thirty (30) days of first accepting this EULA by fully and accurately completing the Opt Out form found here: http://pages.warnerbros.com/arbitration-opt-out-wb, including providing: (i) your full legal name, (ii) your complete mailing address, (iii) your phone number, (iv) if applicable, the username associated with your Account; and (iv) the date of your initial use of the Game.
14. U.S. Government Matters
The Software, Licensed Materials, and Mods are "Commercial Items" (as defined at 48 C.F.R. §2.101), consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation" (as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable). The Software, Licensed Materials, and Mods are being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to other licensees under this Agreement.
15. Amendments of this Agreement
15.1 WB Games may update, change, amend, or remove any part of this Agreement at any time and from time to time ("Amended Agreement"). WB Games will endeavor to provide you advance notice by any reasonable means of notification of such Amended Agreement, with the understanding that the form of reasonable notice shall be determined by WB Games in its discretion and may include posting the Amended Agreement on its and/or Epic's website or by providing you with digital access to the Amended Agreement when you next access the Software or Licensed Materials. If any Amended Agreement is not acceptable to you, you may terminate this Agreement and must stop using the Software, Licensed Materials, and any Mods.
15.2 WB Games may make commercially reasonable updates to the Licensed Materials from time to time. WB Games may remove, limit, restrict, or otherwise discontinue the Licensed Materials (or any portion or component thereof) in any territory or region. If WB Games discontinues or makes any changes to the Licensed Materials that would materially decrease the functionality of such products and services, WB Games will use commercially reasonable efforts to inform you of the change with reasonable advance notice before it goes into effect. Nothing in this Agreement limits WB Games' ability to make changes required to comply with applicable law, address a material security risk, avoid any actual or alleged infringement of a third party's intellectual property rights, or avoid a substantial economic or material technical burden.
16. No Assignment
You may not, without the prior written consent of WB Games, assign, transfer, charge, or sub-contract any of your rights or obligations under this Agreement, and any attempt without that consent will be null and void. If restrictions on transfer of the Licensed Materials in this Agreement are not enforceable under the law of your country, then this Agreement will be binding on any recipient of the Licensed Materials. WB Games may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.
17. Definitions
As used in this Agreement, the following capitalized words have the following meanings:
"Content" means any artwork or other content asset that WB Games makes available for you to access or download through the Editor for your use with the Editor.
"Editor" means the HOGWARTS LEGACY -specific version of the Unreal Editor that WB Games makes available for you to access or download through Marketplace for your use with the Software, and any patches, updates, upgrades and documentation for such application. The Editor includes tools, editing software, in-game functionality, or other features provided by WB Games to edit the Software and Content to create Mods under the License. WB Games and its licensors own all intellectual property rights in and to the Editor. The term "Editor" specifically does not include (i) other versions of the Unreal Editor, (ii) Content or (iii) the Software.
"Epic" means Epic Games, Inc., a Maryland Corporation having its principal business offices at Box 254, 2474 Walnut Street, Cary, North Carolina, 27518, U.S.A. and its affiliated and subsidiary companies.
"Feedback" means any feedback or suggestions that you provide to WB Games regarding the Licensed Materials, Software, or Mods.
"Licensed Materials" means the Content and Editor.
"Marketplace" means a digital marketplace maintained by Epic or its affiliates, Epic's GitHub Unreal® Engine Network, the Unreal® Engine launcher, and any other means by which Epic makes the Unreal® Engine or related content available and through which, among other things, WB Games makes the Editor and certain Content available for use under the License.
"Mod" means User generated content and/or modifications of one or more aspects of the Software which are designed to be used with the Software to provide a gameplay experience that is customized or modified from the Software as otherwise made available by WB Games. Mods include, for example, custom levels, maps, games, or other content based on the Software and/or Content, and includes all content created using the Editor.
"Software" means the proprietary computer game software application known as HOGWARTS LEGACY made available by WB Games, and any patches, updates, upgrades, new versions, and documentation for such application, made available to you by WB Games at any time.
"Source Code" means the human readable form of a software program, including all modules it contains, plus any associated interface definition files, scripts used to control compilation, and installation of an executable (object code).
"WB Games" has the meaning set forth at the top of this Agreement.
18. Miscellaneous
This Agreement and any document or information referred to in this Agreement constitute the entire agreement between you and WB Games relating to the subject matter covered by this Agreement. All other communications, proposals, and representations with respect to the subject matter covered by this Agreement are excluded.
The original of this Agreement is in English; any translations are provided for reference purposes only. You waive any right you may have under the law of your country to have this Agreement written or construed in the language of any other country.
This Agreement describes certain legal rights. You may have other rights under the laws of your jurisdiction. This Agreement does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. Limitations and exclusions of warranties and remedies in this Agreement may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of this Agreement are not enforceable in your jurisdiction, those provisions shall be enforceable to the furthest extent possible under applicable law.
Use of the Software or Licensed Materials is void where prohibited by law. You must comply with all applicable domestic and international export laws and regulations (which may be amended from time to time) that apply to the Software and Licensed Materials, which include restrictions on destinations, users, and use. You agree not to use, export, re-export, download, or otherwise transfer any part of the Software or Licensed Materials into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons list and other sanctions lists administered by the Office of Foreign Assets Control (OFAC). You represent and warrant that you are not located in, under the control of, or a national or resident of an embargoed country and that you are not a Specifically Designated National or Blocked Person, and that you agree not to take any action that will cause anyone, including WB Games Parties, to be in violation of any applicable export controls and sanctions laws.
Any act by WB Games to exercise, or failure or delay in exercise of, any of its rights under this Agreement, at law or in equity will not be deemed a waiver of those or any other rights or remedies available in contract, at law or in equity.
Unless otherwise stated in this Agreement, if any term of this Agreement is held by a court or tribunal of competent jurisdiction to be unenforceable, the term will be enforced to the maximum extent permissible and the remaining terms of this Agreement will remain in full force and effect. You agree that this Agreement does not confer any rights or remedies on any person other than the parties to this Agreement, except as expressly stated.
If any suit or action is filed by any party to enforce this Agreement or otherwise with respect to the subject matter of this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court and, if any appeal is taken from the decision of the trial court, reasonable attorney fees as fixed by the appellate court.